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Will Disputes Homepage

Have you been left out of a Will, or didn't receive what you thought you were entitled to? Are you attempting to protect your entitlement?

Armstrong Legal specialises in all forms of Will disputes including; contesting, challenging and defending Wills. Our lawyers work exclusively in this area of law, each and every day.

The law surrounding Will disputes is often complex, with exceptions to almost every rule and no two cases the same. Will dispute law also differs significantly from state to state adding another level of complexity to each case.

Our team will listen to your unique circumstances and tailor advice specifically to gain or protect your entitlement. Nearly all of our work is done on a No Win No Fee basis, and we offer a free initial assessment of your case.

Contesting A Will

Contesting a Will: The simplest explanation for contesting Wills is to think of it as a contest within a family in regards to the proceeds of a deceased estate. Often referred to as "Family Provision" as it relates to Family Provision legislation in each state. Strict time limits apply to Family Provision claims so it's essential that you access sound legal advice promptly to ensure your entitlements are protected. Read more >

Challenging A Will

Challenging a Will: When you challenge a will you are challenging the validity of the Will itself. A challenge to a Will is often for these main reasons: Undue Influence, Fraud, Forgery, or lack of Mental Capacity (referred to as testamentary capacity). Read more >

Defending A Will

Defending A Will: An executor of a Will has certain responsibilities that include "defending" any claims made on the Will such as Will Contests (Family Provision claims) or Will Challenges (challenges to the validity of the will) as described in the prior headings. Read more >

Other Will Disputes

Will Disputes: A general term often used to describe Contesting a Will or Challenging a Will, but there are other types of Will disputes. Where there is uncertainty regarding the terms of a Will, these are often called "Construction" cases. Where there are issues with how an executor is distributing an estate these are often referred to as "Administration" cases. There are many other types of disputes that will need expert advice on the specifics of your case. Read more >

Probate & Administration:

"Probate" refers to the "proving" or validation of the Will to the Supreme Court (in the state where the deceased permanently resided) who will then issue a "Grant of Probate" in favour of the executor. "Administration" is the situation where there is not a Will and the court issues a "Grant of Administration". In this situation the laws in each state provide for the entitlements of family members.

No Win No Fee:

For the majority of our cases we offer a "No Win, No Fee" arrangement.

where to next?

Have you been left out of a Will or treated unfairly? We offer a free assessment of your case and a no win no fee policy. We have a specialist team that deals only in Wills & Estates servicing NSW, VIC, QLD, ACT, SA & WA. The law relating to Wills and Estates can often be complex and confusing so we encourage you to make contact with our team.